Not paying for garden work

[gardendramas5]

I’m pretty sure I’m not being unreasonable but I just want to see what other people think.

I purchased my house December last year. It was empty for at least 2 years (ex rental)

The previous owners kept the front and back garden tidy whilst it was on the market, no idea if it was them that did the work or if they paid someone. Both gardens are quite large. I started doing all of this myself when I took ownership.

Anyway, I’ve been away for the last week with family and came home on Wednesday to freshly cut grass, weeds pulled etc. I asked my neighbours if they had seen anyone but they were at work. It turns out that the previous owners hired a company to do the work and hadn’t notified them that they’d sold the house last year. I only found this out yesterday as the gardener turned up with the invoice. I explained I wasn’t aware of this arrangement and that he would have to invoice the previous owners for the work (I was polite and apologised for the inconvenience but made it clear I hadn’t asked for this work to be done and wasn’t prepared to pay for it either)

He knocked on again this morning and explained that he’d spoken to them yesterday and that they agreed to pay half (because it was their error) but that I should pay the rest because I’m the one benefiting from the work. I told him no sorry I’m not paying and he needs to take it up with them.

I do feel bad for the gardener, but it’s their fault. I didn't ask for this. They were awkward during the conveyancing process too so this doesn’t surprise me. AIBU?

So you've been in the house nearly 6 months and he's just turned up now? That's ridiculous. They've had ages to cancel. But tbh I'm doubting the story. Unless they booked him on a rolling contract from May - Autumn every year with nothing it between? In which case he should definitely be sending a reminder text before his first annual visit. It's possible he's just turned up and decided to pull a fast one. Have you actually spoken to the previous owners to check if they really are paying him half?

You've not lived in a smaller village have you?

Potentially (as we've no idea if OP has moved to a small village), being the newcomer in the village, and word gets round that they've stiffed Bob the Honest Gardner (because that is how the story will be told, not that Bob is a disorganised fuckwit and the old property owners are tight arsed bastards)... then no one ELSE wants to work for OP and either won't take a job or will charge over the odds for it...

This could make life irritating or even a bloody nightmare for the OP - again, depending on where they live and what they may need doing. It may make no odds whatsoever of course!

"I think the court would be likely to award something here."

I'm not so sure about that.

I read the case in the article that you linked to (in which the claimants were unsuccessful anyway).

In most cases, this situation arises when two parties are still negotiating about a contract and they say "OK, you start work now even though we don't have a contract and we'll finalise the details and the costs at a later point". In that case if one party does the work and for some reason the two parties cannot agree on a contract then they will still get paid for doing the work.

When you talk about unjust enrichment it was claimed in the case linked to that the Defendant had approached the Claimant asking for advice. But there is no general right to payment for requested services in the absence of a contract.

However, if a person requests a service knowing that it is only done in return for money then they will have to pay.

In contrast, if somebody takes a risk and offers to do some work in the hope of getting a contract from it then they do not need to be paid.

In the case that was linked, the judge decided that the Claimant had done the work in the hope that they would later get a contract.

Moorgate Capital (Corporate Finance) Ltd v H.I.G. European Capital Partners LLP [2019] EWHC 1421 (Comm)
.

But, to bring it all back to the OP's situation:

Imagine if the gardener had come round and OP agreed for him to cut the lawn in the front garden for £X. While he was there, OP and the gardener start discussing how much he would charge for cutting the rear lawn.

The gardener then says "While we're discussing the price, shall I just start mowing the rear lawn anyway?" to which the OP agrees.

They then cannot agree a price but the gardener has already started mowing the rear lawn. In this situation, the gardener can claim a reasonable payment for the extra work done.
.

Or another situation, if the gardener comes up to OP and says "Hello, I run a gardening business where I charge people to mow their lawns. Would you like me to mow your lawn?"

OP says "Yes please" without enquiring about the price. She's on the hook for paying in that situation.

In contrast, if the gardener had said "Hello, I run a lawn mowing service. Would you like a demonstration of how good I am at mowing lawns?"

OP says "Yes, please" and the gardener mows the front lawn. OP then says "Well, that wasn't good enough for me so I'm not going to hire you". In that situation the gardener cannot claim for the work he does in showing a potential customer his capability or skills.
.

However, the actual situation with the OP, where the gardener did not make any contact at all with her before doing the work is just so far away from those situations that there is no way that the gardener would be able to claim for payment.

Realistically they should pay in full, but unless it’s an extortionate amount I’d pay half and leave it be.

It sucks for the gardener as this wasn’t his fault.

You are right. You shouldn't be paying for a work you didn't ask for.

But people make mistakes, and the reality is that you've benefited from the work. The previous owners paid half the invoice acknowledging their mistake, and frankly, you should pay the rest as a beneficiary of the work.

Sometimes it's not just who is right or wrong but doing the right thing for everyone involved.

I would pay the half

I would pay half. You don’t have to do the garden this time. How much is it?

I don’t want to pay because I never asked for this work to be done, didn’t have an agreement with the gardener and I think it’s the sellers fault for not telling him.

If it were me, I'd pay the gardener the other half. It's presumably not a huge amount.

But then, I'd feel bad about a gardener losing income, as I'm afraid I'd suspect that the company would take it out of his wages (even tho' they shouldn't).

☝🏻This

Another one who wouldn’t pay! You didn’t hire him - arguably he was trespassing!

Exactly.

I’d certainly not be paying anyone who trespassed and interfered with my garden scheme. What if they had applied unwanted chemicals or pulled out plants the homeowner wanted to keep?

It was their responsibility to check in at the start of the season, not assume the contract was in perpetuity.

Imagine a different service or product.

Let’s say an organic food delivery that arrived whilst the OP was away.
Should she pay for half of that because the owners forgot to cancel. Of course not. It’s not something she wanted or needed.

The previous owners need to pay in full.

Sorry but this advice is wrong.

If you read the article it says:

"The court emphasised that there is no general right to payment in the absence of a contract and it is not the role of this area of law to create contracts for the parties where they have failed to do so.

In order for a claim [for unjust enrichment] to be made out, the claimant must show that:

1. The defendant has been enriched. This could be in terms of money, but can also be direct or indirect and includes benefits, saving from expense and discharging obligations.
2. The enrichment was at the claimant’s expense. There must be a causal link between the claimant’s loss and the defendant’s gain.
3. The enrichment was unjust. One or more of a number of reasons may be given, including mistake, duress or undue influence, failure to provide consideration for a conditional benefit, necessity or illegality.
4. The possibility of any other legal remedies must have already been exhausted."

Here the OP hasn't been enriched by the gardening service. She didn't need it, wasn't planning to pay anyone to do it and it will need doing again in a few days in any event. She was under no obligation to mow her lawn that week.
Even if she had been enriched, any "enrichment" wasn't unjust - she had no idea about the prior arrangement with previous owners. If she had been home, watched the gardener do all the work from her kitchen window, and only after he finished turned round and said "you'll have to take it up with the previous owners, you don't have a contract with me" that would be unjust.

The gardener should have checked in with clients before the start of the season.

How much is the bill? I think I would pay half. It was a mistake and though you don’t have to pay I would for the gardeners sake.

I’d suggest ‘gardener’ was trespassing, who knows what belongings he’s seen that might go ‘missing’?
Didnt ‘gardener’ notice the garden was in much better condition now, compared to when last seen?
I don’t see why OP needs to pay for this ‘gardeners’ mistake?

I wouldn't pay. He needs to do proper due diligence before he does jobs for people. She isn't benefitting as it isn't something she requested! Plus she has already spent money on mower, gardening equipment etc.

If the above is the case, and if all the people in the obviously isolated village (that presumably takes days to get to by oxcart for workers from other places) are as stupid as you say, then I still wouldn't give a fuck. I'd probably not move to a place so populated by moronic wankers in the first place. I have lived in villages, but they weren't like this one you've found. I'd move if I were you.

Gardener needs to be more business-like . Confirm service before it happens, including price and timing.
Had he done that he would not be out of pocket.
We use a lawn service who visit 6 times per year. They always text ahead of time saying what they plan to do, and when. We can say yes or no. That’s very basic & simple.

I would feel bad for the gardener , but he bears some responsibility here.

The gardener is "the company".

He wont lose out. Very simple small claims case if the previous owners refuse to pay the fill bill. They have a contract with the gardener to start every summer, that contract is valid. They have to pay the full bill. Nothing to do with OP.

If it's not his fault then he has a perfectly good legal remedy; he can recover his costs from the person who instructed him to do the work.

I would not pay as it the contract is not with you. Also I would be furious if someone touched my garden.

It's amazing how many people are so keen to pay out in order to save the previous owners money "because think of the poor gardener". The gardener is fine either way.

What sort of business is this guy running? Clearly doesn’t do it all winter and then rocks up and just does it without checking if anything has changed